CM-2019-0128 - 5/17/2019Easement Purchase Agreement
This contract to buy and sell real property inlerests is between Seller and Buyer as
identified below and is effective on the date ("Effective Date") of the last of the signatures by
Seller and Buyer as parties to this contract.
Seller: Cheryl L. King and Travis B. King
Address: 12912 Bloomfield Hills Lane, Austin, TX 78732
Phone: (512) 217-7042
Buyer: City of Round Rock, a Texas Home rule cit
Address: 221 E. Main St.
Round Rock, TX 78664
Williamson County
Easement Property: that certain tract of land consisting of 0.014 acre (599 square feet), more or
less, out of the Rusk Transportation Company Survey, Abstract 681, in Travis County, Texas, more
particularly described by metes and bounds and sketch in Exhibit "A", attached hereto and
incorporated herein for all purposes (the "Easement Property");
Title Company: Texas National Title
Escrow Agent: Katie Deason Address: 305 Denali Pass Drive, Suite A
Cedar Park, Texas 78613
Phone:(512) 337-0300 Fax:(512) 853-5810
E-mail: Katie.Deason@TexasNationalTitle.com
Purchase Price:
$ 5,000.00
County for Performance: Travis County, Texas
6q-2 v1q , &2-0
Easement Purchase Agreement -- BCRUA Parcel 036 Page 116
A. Closing Documents
A. L At Closing, Seller will deliver the following items:
Subsurface Raw Water line Easement
A.2. At Closing, Buyer will deliver the following items:
Balance of Purchase Price
The documents listed in this section A are collectively known as the "Closing Documents."
B. Exhibits
The following are attached to and are made a part of this contract:
Exhibit A—Subsurface Raw Water Line Easement
C. Purchase and Sale of Property Interests
Purchase and Sale Agreement. Seller agrees to sell and convey the Property Interests to
Buyer, and Buyer agrees to buy and pay Seller for the Property Interests. The promises by Buyer
and Seller stated in this contract arc the consideration for the formation of this contract.
D. Closing
D. L Closing. This transaction will close ("Closing") at Title Company's offices at the Closing
Date and Closing Time. At Closing, the following will occur:
D. Lo. Closing Documents; Title Company Documents. The parties will execute and
deliver the Closing Documents and any documents required by Title Company.
D.I.b. Paj,ment of Purchase Price. Buyer will deliver the Purchase Price and other
amounts that Buyer is obligated to pay under this contract to Title Company in funds
acceptable to Title Company.
D.I.c. Disbursement of Ftinds; Recording, • Copies, Title Company will be instructed to
disburse the Purchase Price and other funds in accordance with this contract, record the
easement and the other Closing Documents as directed, and distribute documents and
copies in accordance with the parties' written instructions.
D. Ld. Possession. Seller will deliver possession of the Property Interests to Buyer, subject
to the Permitted Title Exceptions existing at Closing.
Easement Purchase Agreement - 13CRUA Parcel 0a6 Page 216
D.2. Transaction Costs
D.2.a. Buyer's Costs. Buyer will pay the basic charge for the Title Policy; the escrow fee
charged by Title Company; the costs to prepare the easement; the costs to obtain, deliver,
and record releases of any liens required to be released in connection with the sale; the
costs to record documents to cure Title Objections required to be cured by Buyer and to
resolve matters shown in Schedule C of the Title Commitment; the costs to obtain the
certificates or reports of ad valorem taxes; the costs to deliver copies of the instruments
described in paragraph A; any other costs expressly required to be paid by Buyer in this
contract, including Buyer's attorney's fees and expenses.
D.2.b. Seller's Costs. Seller will pay any costs expressly required to be paid by Seller in
this contract, including Seller's attorney's fees and expenses.
D.3. Brokers' Commissions. No Broker's commissions or fees will be paid as a part of this
transaction and Closing.
D.4. Issuance of Title Policy. Buyer will cause Title Company to issue the Title Policy to Buyer
as soon as practicable after Closing.
E. Default and Remedies
E.I. Specific Perrarmance. Buyer may demand specific performance of this contract.
E.2. Actual Damages. If Seller conveys or encumbers any portion of the Property before
Closing so that Buyer's ability to enforce specific performance of Seller's obligations under this
contract is precluded or impaired, Buyer will be entitled to seek recovery from Seller for the actual
damages sustained by Buyer by reason of Seller's Default, including attorney's fees and expenses
and court costs.
E.3. Seller's Default, Remedies afler Closing. If Seller's representations are not true and correct
at Closing due to circumstances reasonably within Seller's control and Buyer does not become
aware of the untruth or incorrectness of such representations until after Closing, Buyer will have
all the rights and remedies available at law or in equity. If Seller fails to perform any of its
obligations under this contract that survive Closing, Buyer will have all rights and remedies
available at law or in equity unless otherwise provided by the Closing Documents.
E.4. Buyer's Default; Remedies. If Buyer fails to perform any of its obligations under this
contract ("Buyer's Default"), Seller may terminate this contract by giving notice to Buyer on or
before Closing. The foregoing constitutes Seller's sole and exclusive remedies for a default by
Buyer.
E.5. Attorney's Fees If either party retains an attorney to enforce this contract, the party
prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs.
Easement Purchase Agreement — BCRUA Parcp1 036 Page 316
IF, Miscellaneous Provisions
F.I. Notices. Any notice required by or permitted under this contract must be in writing
F. 2. Entire Agreement. This contract, its exhibits, and any Closing Documents delivered at
Closing are the entire agreement of the parties concerning the sale of the Property by Seller to
Buyer. There are no representations, warranties, agreements, or promises pertaining to the
Property or the sale of the Property by Seller to Buyer, and Buyer is not relying on any statements
or representations of Seller or any agent of Seiler, that are not in those documents.
F.3. Amendment. This contract may be amended only by a signed, written agreement.
F.4. Assignment. Buyer may assign this contract and Buyer's rights under it.
F.5. Conflicts. If there is any conflict between the Closing Documents and this contract, the
Closing Documents will control. The representations made by the parties as of Closing survive
Closing.
F Choice of Law; Yenue. This contract is to be construed under the laws of the State of
Texas. Venue is in the county for performance.
F.7. Waiver of Default. Default is not waived if the non -defaulting party fails to declare a
default immediately or delays taking any action with respect to the default.
F.8. Severability. If a provision in this contract is unenforceable for any reason, to the extent
the unenforceability does not destroy the basis of the bargain among the parties, the
unenforceability does not affect any other provision of this contract, and this contract is to be
construed as if the unenforceable provision is not a part of the contract.
F.9. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of
construction that ambiguities in a document are construed against the party who drafted it does not
apply in interpreting this contract.
F. 10. Counterparts. If this contract is executed in multiple counterparts, all counterparts taken
together constitute this contract. Copies of signatures to this contract are effective as original
signatures.
F. 11. Binding Effect. This contract binds, benefits and may be enforced by the parties and their
respective heirs, successors, and permitted assigns.
Easement Purc.iase Agreement -- BCRUA Parcel D36 Pape 416
SELLER: CheuI L. King and Travis B. Kin -
By: Cheryl r. Kike
By: Travis B. King
BUYER: Citv of Round Rock. a Texas Home rule city
By: V
Agreed to and Acknowledged by the Brushy Creek Regional Utility Authority (BCRUA)
By: Karen Bondy, eneral Man
516
Title Company acknowledges receipt of copy of this contract executed by both Buyer and Seller.
0
Name:
Title:
Date:
Easement Purchase Agreement — BCRIJA Parcel 036 Page 616
SUBSURFACE RAW WATER LINE EASEMENT
BCRLIA Phase II Intake Tunnel
STATE OF TEXAS §
COUNTY OF TRAVIS §
DATE:
201
GRANTOR: Cheryl L. King and Travis B. King, Husband and Wife
GRANTOR'S MAILING ADDRESS: 12912 Bloomfield Hills Lane
Austin, Texas 78732-2123
GRANTEE: City of Round Rock, a Texas home rule city
GRANTEE'S MAILING ADDRESS: 221 E. Main St.
Round Rock, TX 78664
Williamson County
CONSIDERATION: Ten dollars ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Easement Property: that certain tract of land consisting of 0.014 acre 599 square feet . more or
less, out of the Rusk Transportation Company Survey. Abstract 681in Travis County, Texas,
more particularly described by metes and bounds and sketch in Exhibit "A", attached hereto and
incorporated herein for all purposes (the "Easement Property"); and
SUBSURFACE EASEMENT GRANT:
Grantor, for the consideration paid to Grantor by Grantee, hereby grants, sells, and conveys
to Grantee a permanent and exclusive subsurface easement under the Easement Property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold
to Grantee and Grantee's successors and assigns forever. The subsurface easement, rights, and
privileges herein granted shall be used for the purposes of boring, constructing, placing, operating,
maintaining, reconstructing, replacing, rebuilding, upgrading, renewing, removing, inspecting,
cleaning, changing, modifying, or repairing subsurface raw water intake facilities, including but
not limited to bored tunnels, liners, pipelines, and any other necessary or desirable appurtenances
thereto; provided, however, that Grantee's rights in the Easement Property shall be limited solely
to that part of the subsurface lying at or below 550' msl, other than as follows: NIA.
1,
In no event shall Grantee have the right to use the surface of the Easement Property for
drilling, boring, excavation, or any other use, except that Grantee shall be permitted to do
geotechnical testing, including soil and surface testing and boring. only prior to construction of the
proposed underground intake facilities. After completion of any and all such geotechnical testing,
Grantee shall restore the surface of the Easement Property to the condition it was in immediately
prior to the testing. Grantee shall not place or construct any above -ground facilities or
appurtenances whatsoever upon the surface of the Easement Property.
RIGHTS AND RESERVATIONS OF GRANTOR:
Grantor shall retain all existing rights to use the surface of the Easement Property for any
and all purposes which do not endanger or unreasonably interfere with the rights of Grantee,
including without limitation the right to place buildings or other permanent structures on the
surface of the Permanent Easement. Construction or installation of subsurface well facilities of
any kind within the Easement Property is specifically prohibited.
Grantor expressly reserves all water, oil, gas, and other minerals owned by Grantor, in, on,
and under the Easement Property, provided that Grantor shall not be permitted to drill or excavate
for water, oil, gas and minerals from the surface of the Easement Property, but Grantor may extract
water, oil, gas, or other minerals from and under the Easement Property by directional drilling
originated outside of the Easement Property, or other means which do not unreasonably interfere
with or disturb the rights granted to Grantee herein.
EXCLUSIVITY:
Grantee's easement rights within the subsurface of the Easement Property (at or below
550' msl for the Easement Property) shall be exclusive.
SUCCESSORS AND ASSIGNS; TERMINATION:
This instrument, and the terms and conditions contained herein, shall inure to the benefit
of and be binding upon Grantee and Grantor, and their heirs, successors, and assigns.
1y.'/_\ N M10
Subject to existing matters of record affecting the Easement Property, Grantor warrants
and shall forever defend this Subsurface Easement to Grantee against anyone lawfully claiming or
to claim the Permanent Easement or any part thereof when the claim is by, through or under
Grantor, but not otherwise.
When the context requires, singular nouns and pronouns include the plural. When
appropriate, the terms "Grantee" and "Grantor" include their respective employees, agents,
subsidiaries, officers, servants, contractors, successors and assigns.
2.
GRANTOR:
Cheryl L. King Travis B. King
ACKNOWLEDGMENT
THE STATE Oil TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
201 by Cheryl L. King, in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this day of
, 201, by Travis B. King, in the capacity and for the purposes and
consideration recited herein.
Notary Public, State of Texas
After recording return to:
Cobb, Fendley & Associates, Inc..' Right of Way Department
505 E. Huntland Drive, Suite 100
Austin, TX 78752
al
"1=shibit A"
BCRUA 036
CHERYL L. KING AND TRAVIS B. KING
y Walker Partners
engineers *surveyors
804 Las Cimas Pkwy., Suite 150
Austin, Texas 78746
0.014 ACRE (591 SQUARE FEET)
SUBSURFACE EASEMENT
LOCATED IN LOT 4, OF VOLENTE PEAK, PHASE ONE,
IN THE RUSK TRANSPORTATION COMPANY SURVEY, ABSTRACT 681
IN TRAVIS COUNTY, TEXAS
FIELD NOTES FOR A 0.014 ACRE (599 SQUARE FEET) STRIP OF LAND LOCATED IN THE RUSK TRANSPORTATION
COMPANY SURVEY, ABSTRACT 661, IN TRAVIS COUNTY, TEXAS, BEING A PORTION OF LOT 4, OF VOLENTE PEAK.
PHASE ONE, PLAT OF RECORD IN TRAVIS COUNTY CLERK'S DOCUMENT (T.C.C.D.) 200800208 OF THE OFFICIAL
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND DESCRIBED IN A DEED TO CHERYL L. KING AND
TRAVIS B. KING, OF RECORD IN T.C.C.D. 2008049234 OF THE O.P.R.T.C.T. SAID 0.014 ACRE EASEMENT BEING MORE
PARTICULARLY SHOWN ON THE ATTACHED EXHIBIT DRAWING, MADE A PART HEREOF AND FURTHER DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE COMMON LINE BETWEEN SAID LOT 4 AND LOT 3 OF SAID VOLENTE PEAK, PHASE
ONE, AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112' IRON ROD WITH
CAP STAMPED "CHAPARRAL 4995" FOUND MARKING AN INTERIOR ELL CORNER OF SAID LOT 4 AND THE
SOUTHWEST CORNER OF SAID LOTS BEARS S 80'39'55'W — 307.20',
THENCE N 80039'55" E -- 59.59' WITH COMMON LINE OF SAID LOTS 3 AND 4, OF SAID VOLENTE PEAK PHASE ONE.
TO A POINT AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD
WITH CAP STAMPED "CHAPARRAL 4995" FOUND MARKING THE SOUTHWEST CORNER OF LOT 1, OF SAID VOLENTE
PEAK PHASE ONE BEARS N 79028'25"W — 58,28',
THENCE WITH A CURVE TO THE RIGHT, AN ARC LENGTH OF 11.89', HAVING A RADIUS OF 1225.00', A CENTRAL
ANGLE OF 0"33'21" AND A CHORD WHICH BEARS S 23°08'24" W —11.88' TO A POINT IN THE SOUTH LINE OF SAID
LOT 4, AT THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON ROD WITH
CAP STAMPED "CHAPARRAL 4995" FOUND MARKING THE NORTHWEST CORNER OF LOT 14, OF SAID VOLENTE
PEAK, PHASE ONE BEARS S 09°03'03" E — 90.39';
THENCE S 80°39'55" W — 59.98' WITH THE COMMON LINE OF SAID LOT 4 AND LOT 5 OF SAID VOLENTE PEAK, PHASE
ONE, TO A POINT AT THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED EASEMENT, FROM WHICH A 112" IRON
ROD WITH CAP STAMPED "CHAPARRAL 4995" FOUND MARKING THE NORTHWEST CORNER OF LOT 8, OF SAID
VOLENTE PEAK, PHASE ONE BEARS S 25'53'51"W — 36.79' AND S 80039'55"W— 152.40';
THENCE WITH A CURVE TO THE LEFT, AN ARC LENGTH OF 12.10' HAVING A RADIUS OF 1175.00', A CENTRAL
ANGLE OF 0"35'24" AND A CHORD WHICH BEARS N 24042'20" E —12.10', RETURNING TO THE POINT OF BEGINNING
AND CONTAINING 0.014 ACRE OF LAND.
THIS DESCRIPTION IS BASED ON THE ATTACHED SURVEY AND EXHIBIT DRAWING MADE BY WARREN L. SIMPSON,
REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4122.
BEARINGS CITED WITHIN THIS DESCRIPTION ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NAD
83, TEXAS CENTRAL ZONE ACQUIRED FROM GLOBAL POSITIONING SYSTEM OBSERVATIONS.
SURVEYED: SEPTEMBER 28, 2017
R EASED: MAY 2, 2018
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WARREN L. SIMP5ON, R.P.L
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.4122
PROJ NO. 3-00619
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FIELD NOTE NO. 036
MAP CHECKED: 51212018-WLS
www.WalkerPartners.com
TBPE Registration No. 8053 1 TBPLS Registration No. 10194317
G:\Projects\3-00619\3 Phase 2 Land Rights\1 Survey\1.5 Final Copies\Field Nates\FN-36.docx
BCRUA 036
CHERYL L ICING AND TRAVIS B. KING
T
t VOLENTEPEAK
PHASE ONE
FIELD NOTE J /
POINT OF BEGINNINGS
LOT 2 OLID COOYDLNATY9 G !
1
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PEA N+1013686217 8006634450' ^ QOi4lACRE
T.cc0.20a6002o6 / (50SQUAREFEET)
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LOT 14
VULE NTE PEAK
!~� LOT �� 1 PHASE ONE
111 1 iCCP.RT.00. 0020
l u; VPHASE NE S80'39'55'W 244.93' s
� O P.R T.CT
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zy O.P.R.TCT / / y LEGEND
LOT 8
N 80'34'55' E / VOLENTE PEAK • 1R• IRON ROD FOUNDWITHCA
L Q 236.44' PHASE ONE STAMPED'CIIAPARRAL4995•
I M Q / T.C.C.D. 20080(UNLESS OTHEFLWISE NOTED) (N �.760208 '19.w O.P.RTC.T
40•E 18)7S' h = ( i •DEED iPLAT CAUS
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I � Lu CHERYL L. KING AND w (S63.23M'W CLERKS DOCUMENT
Uwj i TRAVIS B. KING I66]2) 0PR.T.C.T •OFfICALIPUBLICRECORDS
T.C.C.D.2008049234 3 J 18603235 W 1 ,RAMS COUNTY, TEXAS
U D.P.RT.C.T. z • EASEMENTAREA
z LOT 4 BUFFER AREA 1
VOL ASE ONE
' T.C.C.0.2001204540 1 1
PIiASEONE (380'ST20'E 4344) -t i 0P.R.T.CJ dl \\L
1 7.0 C D, 20NO0208 5 50.59'41' E 4343 -
OP FLIZ T
143'OP,R.T.DT LS36-&59'E 2965) 8
S36.38'20'E 29.65 CURVE TABLE
' S36.3870•g 213,07
Nj$ (S383S59 E 2131oj � 1sT CURVE I LENGTH RADIUS I DELTA CHORD
�s1 C-1 1 11.69' lnsar 1 0•3321- s23.66-24•w.11.7
T 3ltr �. C-2 I 12.10' 117508 1 07514• N74.472(•E.12.10
T �r'�n PHASE ONE 1035 M
'^rrS , VOLEME PEAK LOT B 1
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T C C 0.200800206 / VOIENTE PEAK PHASE 011E
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VOLENTE PEAK 1 T.C.C.D.2DMM208 0P,RTC.T
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LINE TABLE
LINE
DIRECTION
LENGTH
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5957
L•2
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59 SI'
L. 3
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36.79'
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SURVEYORS NOTES
EXHIBIT
OF A L1D14 ACRE 0389 SOUARE FEET)
SUBSURFACE EASEMENT LOCATED IN THE
RUSK TRANSPORTATION COMPANY SURVEY,
ABSTRACT SBI 1N TRAVIS COUNTY, TEXAS,
BEING A PORTION OF LOT 4, OF VOLEN O
PEAK, PHASE ONE, PLAY OF RECORD R7
TRAVIS COUNTY CLERK'S DOCUMENT
200800208 OF THE OPFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS AND
DRSCRIBED IN A DEED TO CHERYL L. LING
AND TRAVIS IL ICING, OF RECORD IN
TRAVIS COUNTY CLERKS DOCUMENT
9008044731 OF THE OFFICIAL PUB11C
RECORDS OF TRAVIS COUNTY TEXAS.
WARRREN SMIMPSON, a FAL' S. 4122
II0 COYYRIGI ITA] J., RIGI-FIS RISEAVlil.)
SURVEYED. SEPTEMBER 28, 2017
RELEASE DATE: MAY2.2018
FIELD NOTES ATTACHED HERETO, MADEA PART
HEREOFANOTNILED:
6914 ACRE 1599 SOLIARE FEETI SUBSURFACE
EASEMENT LOCATED IN L07`4, OF VOLEKM PEAR,
PHASE ONE, IN THE RUSK TRANSPORTATION COMPANY
SURVEY, ABSTRACT 6111, TRAMS COUNTY, TEXAS.
(51F4��Partners
*surveyors
WW LM CYop Pkwy., 3y11e 1500 AV.M, I —78718
Plwn•16123674X121 • T.B.P.E tI*gWMdW No, 80.`.1
T.B.P.LS. Flegmim Na 1G194017
SURVEYORS NOTES CONTINUED,
THE SURVEYOR 010 NOT ABSTRACT THE SUBJECT
TRACT THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT, THEREFORE THE
SURVEYOR CERTIFIES THAT EASEMENTSTHAT HEHAS
BEEN ADVISED OF HAVE BEEN ADDRESSED HEREON
HOWEVER, THE SURVEYOROOESHOT GUARANTEE THAT
AILEASEMENTS,RESTRICTKONSOR ENCUMBRANCES
(EITHER OF RECORD OR NOT OF RECORD) WHICH MAY
AFFECT THE SUBJECT TRACT ARE SHOWN HEREON.
THE BEAMNGS AND COORDINATES SHOWN HEREON ARE
BASED UPON THE TEXAS STATE PLANE COORDMMATE
SYSTEM, NAD 83. CENTRAL ZCHEACOUOREOFROM
THE DISTANCES SHOWN HEREON ARE SURFACE VALUES.
TO COMPUTE GRID VALUES MULTIPLY SURFACE
DISTANCE BY AVERAGE COMBINED SCALE FACTOROF
0.99MIC0169-1SURF X CSF • GRID)
n 5N 11X1 3tT1
GRAPHIC SCAIl? IN 171%571'
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City of Round Rock
11'ROUND ROCK
TE%RS Agenda Item Summary
Agenda Number:
Title: Consider execution of an Easement Purchase Agreement with Cheryl L. King
and Travis B. King for the acquisition of a 0.014 acre subsurface raw water
line easement required for the BCRUA Phase 11 Construction Project (Parcel
36).
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/17/2019
Dept Director: Michael Thane
Cost: $5,000.00
Indexes: Regional Water Fund
Attachments: LAF-00423709.PDF, Map-00423595.PDF, Agreement-00423596.PDF
Department: Utilities and Environmental Services
Text of Legislative File CM -2019-0128
The purchase price of $5,000 is equal to the minimum project offer amount for tunnel
easements.
Cost. $5,000.00
Source of Funds: Regional Water Fund
City of Round Rock page I Printed on 916/2019